Page No.# 1/2 GAHC010046262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./266/2025 SRI SAN SWRANGT BORGOYARY @ SANCHARANG BORGOYARI S/O SRI PAUL BORGOYARI R/O VILL-NO. 2 SAPKATA P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTR, ASSAM VERSUS THE STATE OF ASSAM, REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.03.2025 Heard Ms.P. Borah, the learned counsel appearing for the petitioner as well as Mr. DP Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application u/s 528 of the BNSS, 2023 in respect of PRC Case No.3066/2024 pending in the court of the learned Judicial Magistrate 1st Class, Page No.# 2/2 Kamrup (Metro). 3. The petitioner has been shown as an absconder in the charge-sheet alleging commission of Sessions’ triable offence. He how apprehends that if he appears before the court of the learned Magistrate, he will be remanded to custody. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and therefore, the learned counsel prays that the petitioner should be given one opportunity to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. Therefore, his petition is allowed. 7. Accordingly, the order dated 03.01.2025 passed by the learned Judicial Magistrate 1st Class, Kamrup (Metro) in PRC Case No.3066/2024 issuing non-bailable warrant of arrest against the petitioner is set aside. The non-bailable warrant of arrest issued against the petitioner shall be recalled. 8. It is hereby directed that the petitioner Sri San Swrangt Borgoyary @ Sancharang Borgoyari shall appear before the court of the learned Judicial Magistrate 1st Class, Kamrup (Metro) on or before 18.03.2025 in connection with PRC Case No.3066/2024. On his appearance, the petitioner Sri San Swrangt Borgoyary @ Sancharang Borgoyari shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Kamrup (Metro), Guwahati. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant